Decided on May 03,2018

Rupak Borah Appellant
STATE OF ASSAM Respondents


Hrishikesh Roy, J. - (1.) Heard Mr. Parag J. Saikia, the learned counsel appearing for the petitioners in both the cases. Also heard Mr. D. Nath, the learned Addl. Sr. Govt. Advocate, appearing for the Social Welfare Department. The authorities of the Education Department are represented by Mr. S.M.T. Chistie, the learned Standing counsel. The Health Department officers are represented by Ms. D. Borah, the learned Standing counsel.
(2.) The five petitioners are visually impaired persons and are claiming appointment under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as 'the Disabilities Act'). The appointment claim relates to the 662 vacancies earmarked for the impaired category, for which the recruitment process was initiated with the 2005 advertisement published, by the Social Welfare Department. The petitioners offered their candidature and participated in the recruitment exercise, on the basis of the call letters issued by the respective authorities of the Social Welfare Department of Sivasagar and Lakhimpur District.
(3.) The Director of Social Welfare then published the department-wise and category-wise list of selected candidates and from there, it can be seen that the first petitioner in the WP(C) No.2001/2011, Rupak Borah with Roll No.221, was selected for the post of ME School Teacher, in the Sivasagar District. Likewise, the 2nd petitioner Bikash Bordoloi with his Roll No.117, was selected for a Grade-IV post, in the Sivasagar District, under the Director of Health Services. 3.1 The three petitioners in the WP(C) No.2012/2011 had also similarly participated in the selection conducted in July, 2005, by the District Welfare Officer, Lakhimpur, but the first petitioner Asma Begum with her Roll No.NLP 059, failed to qualify. However the 2nd petitioner, Ratneswar Phukan with his Roll No.NLP 015, was selected for a Grade-IV vacancy in Lakhimpur District under the Director of Health Services. The 3rd petitioner, Ruhini Gogoi with her Roll No.NLP 002, was selected for the LP School Teacher's vacancy in the same District, under the Directorate of Elementary Education, Assam.;

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